Ways to solve rental disputes amicably
Category News
If you're a landlord, the last thing you want is to get into a costly legal battle with a tenant over a simple issue that could have been solved civilly. As a tenant, staying on good terms with your landlord is a must, not only because you need a roof over your head, but also because you will need a reference to show to future landlords. Jawitz Properties takes a look at the relationships between landlords and tenants and everything that can be done to keep things positive.
The importance of a well-worded lease agreement
Whether you're a seasoned landlord or a first-time tenant, it's important to go back and read your lease agreement if a dispute is looming. Taking a look at the exact terminology used can sometimes quickly show you whether you are right or wrong. If it turns out that you are in the wrong, a lot can be avoided by making a simple apology to your landlord or tenant. With this in mind, it's extremely important to have a valid and legally binding lease in place. Don't ever enter into a lease agreement on a "friendly" basis - even if you've known your would-be landlord or tenant for years or if they are a family member. Your lease agreement should be professionally drafted by a legal professional, as it forms the basis for everybody's protection in the event of a dispute.
Understand and apply the relevant laws
Over and above the rental agreement, there are various stipulations put into place by South African law that can put various issues to rest. If you're a tenant, you should know that your landlord has the right to receive regular payments, and the right to pursue a court order to recover debt. He or she also has the right to terminate your lease agreement if you violate the terms of your contract. They can also come after you for compensation for any damages or changes made to their property - even if you deem these changes to have been improvements.
At the same time, if you're a landlord then you have the right to an inspection of the property you own however, you will need to give prior, reasonable notice to your tenant regarding this inspection. Also - even if they do not pay - you cannot seize their possessions until you have a court order.
Approaching the Rental Housing Tribunal
If you and your tenant or landlord have reached an impasse, you can seek help from the Rental Housing Tribunal. This body is made up of people widely experienced in housing management and rental housing, and deals with every tenancy-related issue imaginable, from deposit refunds, failure to pay rent timeously, damage to the property and the like. There is no charge involved in lodging a complaint with the Rental Housing Tribunal, and landlords and tenants can represent themselves, with no need for legal counsel.
Taking a matter to the Rental Housing Tribunal can be a time-consuming process that takes its toll on landlord and tenant alike. Before taking this step, it's important to speak to the property practitioner through whom you signed the lease and see if he or she can help you and your landlord or tenant to find an amicable solution that works for everybody. Renting a property through a qualified, experienced and professional property practitioner can become a lifesaver if there is an issue between you and your landlord or tenant.
Being a tenant or a landlord comes with rights and responsibilities. A Jawitz Properties property practitioner can help you navigate these relationships to ensure positive outcomes for landlords and tenants alike. Contact us for more information.
Author: Jawitz Properties
